Wanda Jean Allen - Trial

Trial

The state charged Allen with first-degree murder and announced that it would seek the death penalty. Evidence that Leathers had a history of violent conduct, and that she had stabbed a woman to death in Tulsa, Oklahoma in 1979, was central to the self-defense argument at Allen's trial. Allen testified that she feared Leathers because she had boasted to her about the killing. The defense sought to corroborate this claim with testimony from Leathers' mother, whom Leathers had told about the stabbing. However, the prosecution objected, and the court prohibited the introduction of such testimony because it was considered hearsay. The prosecutor depicted Allen as a remorseless liar. The jury found her guilty of first-degree murder and sentenced her to death.

During the punishment phase the prosecutors argued that Allen should be sentenced to death because she had been previously convicted of a felony involving the use or threat of violence; that she was a continuing threat to society; and she committed the murder to avoid arrest or prosecution. The jury found that the first two aggravating circumstances existed in Allen's case. Allen's defense presented numerous mitigating circumstances including good relationship with her family, good work habit, and her fear of the victim.

In the sentencing phase the prosecution presented testimony on the circumstances of the death of Detra Pettus, and compared this previous crime to the death of Gloria Leathers.

In a 1991 affidavit, the defense lawyer stated that after the trial he learned that when Allen was 15 years old, her IQ was measured at 69, placing her "just within the upper limit of the classification of mental retardation" according to the psychologist who analyzed her and that an examining doctor had recommended a neurological assessment because she manifested symptoms of brain damage. The lawyer stated, "I did not search for any medical or psychological records or seek expert assistance for use at the trial."

A psychologist conducted a comprehensive evaluation of Allen in 1995 and found clear and convincing evidence of cognitive and sensory-motor deficits and brain dysfunction possibly linked to an adolescent head injury.